25 Mar 2015

In 2008 all employment laws governing the Public Service namely the Teaching Service Act, the Public Service Act, the Local Government Act were merged into single legislation known as the Public Service Act No. 30 of 2008 in an effort to comply with the provisions of the ILO conventions.

Responding to a question in Parliament on March 24, Assistant Minister of Education and Skills Development, Mr Moiseraele Goya, said in December 1997, Botswana ratified three International Labour Organisations (ILO) Conventions, number 87, 98 and 151 namely, Freedom of Association and Protection of the Right to Organise, Right to Organise and Collective Bargaining and Labour Relations also known as Public Service Convention respectively.

He said as a result of developments regarding national labour laws, teachers like all other employees came to be under the Public Service Act. Mr Goya noted that of the areas identified, the Public Service Act had not changed teacher’s responsibilities regarding supervision of students.

He said when their services were sought beyond normal working hours, teachers attracted overtime allowance. He said sporting activities fall outside normal working hours and teachers were therefore paid overtime when taking part in those activities.

Mr Goya said since the promulgation of the Public Service Act No. 30 of 2008, the ministry was incurring high overtime costs occasioned by participation of teachers in extracurricular activities especially on Saturdays and Sundays, which were now regarded as rest days as per provisions of the Employment Act.

He said it had to be noted that prior to the commencement of the Public Service Act No. 30 of 2008 on May 2010, teachers employed on Permanent and Pensionable terms or contract terms were entitled to a minimum of 40 calendar days leave with salary. The leave according to the assistant minister was not accumulated and it was a must that it was taken during school vacation as per Code of Regulations for teachers.

This, he said, was a disadvantage to teachers as they could not be paid for leave days when they retire or resign from the teaching service like other government employees. “Now, under the Public Service Act, they enjoy the benefits of being paid leave days,” he said.

Mr Goya said ever since the commencement of the Public Service Act No. 30 of 2008 on May 1, his ministry continued to experience challenges emanating from the terms and conditions of service as created by the Act.

“Teachers’ hours of work, leave and participation in extracurricular activities have become subject of debate. To address challenges identified, my ministry has since made submissions seeking an amendment to the Act to accommodate the peculiarity of the teaching professions,” he said.

Responding to a question from Boteti East, Mr Sethomo Lelatisitswe who asked the minister why the teachers were under the public service Act as compared to them being previously under the Teaching Service Act taking into account student supervision, sporting activities, overtime costs, staff leaves and the general management and peculiarity of the teaching profession. ENDS